Tenant in Low-Income Housing Program Didn't Recertify Income

Landlord sued to evict rent-stabilized tenant, who was also subject to the Low-Income Housing Tax Credit (LIHTC) Program, for failing to recertify her household income as required by Section 42 of the program and in violation of a low-income housing lease rider. It was undisputed that tenant didn't complete the LIHTC recertification process in 2015 or in subsequent years. Landlord claimed that tenant violated a substantial obligation of her tenancy. The court agreed and ruled for landlord. Tenant was required to recertify her income and household size on an annual basis and her failure to do so was a violation of a substantial obligation of her tenancy. Tenant failed to cure this default after landlord sent a notice to cure. Landlord was entitled to terminate the tenancy under Rent Stabilization Code Section 2524.3(a).

OLR ECW, LP v. Abreu: 59 Misc.3d 1204(A), 2018 NY Slip Op 50365(U) (Civ. Ct. NY; 3/19/18; Lutwak, J)